The U.S. Department of Labor”™s Occupational Safety and Health Administration has ordered Southern Air Inc. of Norwalk to pay more than $400,000 in lost wages, back pay, damages and legal fees to compensate a flight crew member who was terminated for raising safety concerns.
“Employees have a strong and clear right to raise legitimate safety and health concerns about their working conditions without fear of termination or reprisal,” said Marthe Kent, OSHA”™s New England regional administrator.
Southern Air declined to comment.
The employee found protection under the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century.
The employee was terminated in April 2008 after twice complaining to management about inadequate rest breaks and being required to work hours in excess of those allowed under Federal Aviation Administration rules. The employee then filed a whistleblower complaint with OSHA”™s Boston Regional Office.
“We will pursue the appropriate legal remedies whenever we find that workers have been denied this vital safeguard,” said Kent.
The carrier has been directed to pay the complainant $300,000 for loss of wages, $135,000 in compensatory damages, $7,400 in attorney”™s fees and back pay of $1,485 per week, plus interest, from April 7, 2008, through the date of payment. The company is also ordered to post the FAA whistleblower poster and an OSHA notice to employees about their whistleblower rights.
Both the complainant and the airline have 30 days from receipt of the findings to file an appeal with the Labor Department”™s Office of Administrative Law Judges.
The Labor Department does not release names of employees involved in whistleblower complaints.
